Articles
The Irresponsible Dog Owner
Most everyone loves their dog whether pure breed or mutt. Often, a dog is so dear it will be referred to as “my baby” or “my child.” When a dog dies under any circumstances it leaves a great sadness. This is magnified if the animal dies due to the owner’s failure to protect the dog by keeping it under control free from harm.
If the dog is unfamilar and its dispostion is not know, if allowed to run free in a neighborhood where adults and children are out and about, it will be perceived as a danger. This fear increases, if the dog charges a person. No one wants to be bitten or mauled. We often read or hear about a child or adult seriously injured or killed by a dog loose and unattended. A person may not know if an unfamiliar dog means no harm or is intent on mischief.
Many cities, counties and even homeowner associations have ordinances or regulations requiring when a dog is off its owner’s property it must be leashed and controlled or when at home if in the yard unattended it must be securely fenced at all times – no exceptions. It is a matter of responsibility both to other people and the dog.
There are some people for whatever reason however, who do not follow simple rules. By their indifference or carelessness they are irresponsible dog owners. They often exhibit an attitude of "who cares" to the fears and concerns of other people. The simple truth is if the dog is running loose and appears to be a threat, it may be harmed or even killed by a person fearing for his safety or that of others.
Worse yet, there is not only the possibility of being bitten by the dog, but people have been injured trying to escape a charging dog even without being bitten. They stumble, trip, fall or collide with some object that causes them injury. Either of these events may bring injury resulting in medical bills, loss of income, impairment that diminishes a full life because of a resulting physical or even emotional impairment as well as scarring.
If a person has regard for other people who are likely to be frightened or harmed by the dog; and the owner is properly concerned for the safety of the dog as well, simple common sense rules shoul be obeyed. Unfortunately, some owners, even those who otherwise consider themselves good owners, fail in their responsibility.
If the dog is injured or killed, the owner looks for any excuse to ease a sense of deserved guilt for not obeying these simple rules that resulted in the tragedy. If harm is done to a person or their property by the dog, when asked to pay for it, the owner often becomes indignant, offensive, defensive, and seeks to avoid responsibility.
What many folks to do not know is a homeowner’s liability policy provides compensation for harm to the person or property of another done by the dog of a careless or indifferenct owner. If a claim is made against the homeowner whose dog did harm, it should be turned over to the owner's insurance company to handle.
If the insurance company refuses to pay what the injured party deserves for his injuries, a civil suit will almost certainly follow to require payment.
In Texas the injured person may not bring the suit against the insurance company directly, but must sue the irresponssible owner of the dog. In these cases, both the owner and his insurance company, at trial, hide behind a rule of procedure, at least in Texas, that prohibits a jury from knowing of the existence of insurance for purposes of liability. This gives the undeserved and false impression that the owner may have to dig into his pocket to pay for his lawyer and in addition make good the harm done which is entirely not the case. This hiding of the fact of insurance results in undeserved sympathy for the wrongdoer whose indifference, carelessness or negligence was the cause of the problem in the first place and often the unfortunate death of his dog.
The office of Gerald W. Livingston represents people who have been bitten, chased or charged by a dog that results in injury and loss. If you are such a victim contact the Livingston Law Firm, PC for a free consultation.
